You trademark a brand name by filing an application with the Trade Marks Registry through the IP India portal, in the classes of goods or services you actually use it for. Startups and small enterprises pay reduced fees, and DPIIT-recognised startups get faster processing. Here is how to do it properly, and why filing early matters.
Search before you file
Before spending anything, run a search on the trademark database to check whether your name, or something confusingly similar, is already registered in your class. Filing for a name that clashes wastes the fee and your time. A clean search also strengthens your application.
Pick the right classes
Trademarks are registered in classes that correspond to categories of goods and services. You register in the classes you actually use the mark for, so a software product and a clothing line sit in different classes. Choosing the right classes matters; too few leaves gaps, too many wastes fees.
File on the IP India portal
Applications are filed online through the IP India portal. Individuals, startups and small enterprises pay a reduced government fee per class compared with large companies. DPIIT-recognised startups also qualify for expedited examination, which speeds up an otherwise slow process.
What happens after filing
Once filed, you can use the TM symbol to signal your claim. The application is examined, may be objected to, and if accepted is published for opposition before registration. Only after registration can you use the R in a circle. The whole process takes time, which is exactly why filing early protects you.
Why file before you launch
Filing early secures your priority date and reduces the risk that someone registers a similar mark while you build recognition. Rebuilding a brand after a copycat registers your name is expensive and sometimes impossible. If you have already launched, file now rather than waiting.
Common mistakes to avoid
- Skipping the search and filing for a name that clashes.
- Registering in the wrong or too few classes.
- Using the R symbol before the mark is actually registered; only TM is allowed until then.
- Delaying the filing until after a competitor or squatter registers a similar name.
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